Oneonta Town City Zoning Code
ARTICLE III
R-80 Residential-Agricultural District Regulations
§ 103-11 Purpose and intent.
The general purpose of this residential district is to provide for areas in the Town of Oneonta where low-density residential development, agricultural land uses and general open space land uses can be established in harmony with one another. It is a further purpose of this district to discourage high-density development in areas which have restrictive natural characteristics.
§ 103-12 Permitted uses.
The following uses are permitted in the R-80 Residential-Agricultural District:
A.
One-family dwellings, two-family dwellings.
B.
Agricultural pursuits such as farms, farming uses or occupancy, including the sale of agricultural products grown on the parcel.
C.
Mobile homes, subject to the provisions of § 58-13 of Chapter 58, Mobile Homes and Trailers.
D.
Home occupations.
§ 103-13 Uses requiring site plan review or sketch plan review and special permit.
[Amended 9-14-1983; 2-12-1992 by L.L. No. 5-1992]
A.
The following uses are subject to sketch plan review or site plan review, at the discretion of the Planning Board[1] (see Article XVI):
(1)
Public and semipublic uses.
(2)
Camp, campground, day camp.
(3)
Open space recreational uses, including but not limited to golf courses, golf driving ranges, ski slopes and riding stables.
(4)
Animal hospital or kennel.
[1]
Editor's Note: Some of the uses requiring site plan review under this subsection also require special use permits under Subsection B.
B.
The following uses may be undertaken in the R-80 Residential-Agricultural District only upon a special use permit being obtained:
[Added 1-22-1986 by L.L. No. 1-1986]
(1)
Windmill.
(2)
Radio tower.
(3)
(Reserved)[2]
[2]
Editor’s Note: Former Subsection B(3), which listed solar panels as requiring a special use permit, was repealed 8-14-2012 by L.L. No. 4-2012.
(4)
(Reserved)[3]
[3]
Editor's Note: Former Subsection B(4), which listed television dish antennas as requiring a special use permit, was repealed 5-14-1986.
(5)
Public and semipublic uses.
(6)
Open space recreational uses, including but not limited to golf courses, golf driving ranges, ski slopes and riding stables.
(7)
Animal hospital, kennel, dog grooming establishment.
(8)
Boardinghouse or rooming house.
(9)
Three- or four-family dwelling.
(10)
Nursing, convalescent or proprietary home for adults and like uses.
§ 103-14 General district regulations.
[Amended 9-14-1983; 3-14-1990; 2-12-1992 by L.L. No. 5-1992]
The following regulations apply to all uses permitted by right, by site plan review, by sketch plan review and by special permit:
A.
Minimum lot requirements.
Without Public Sewer | |||
|---|---|---|---|
Requirement | One- Family | Two- Family | All Other Uses |
Minimum lot size (square feet) | 80,000 | 80,000 | 80,000 |
Minimum frontage (feet) | 200 | 200 | 200 |
Minimum front yard (feet) | 50 | 50 | 50 |
Minimum side yard (feet) | 25 | 25 | 25 |
Minimum rear yard (feet) | 25 | 25 | 25 |
B.
Lot coverage. No more than 25% of the lot may be covered by buildings. This includes garages and accessory buildings.
C.
Determining front yard depth. Where no right-of-way or street line information is readily available to determine the point from which front yard depth shall be measured to the building line, the front yard depth shall be that number of feet indicated in Subsection A plus 25 feet from the center line of the street.
D.
Increasing side yard depth. On a corner lot the minimum side yard requirement shall increase to 50 feet for the side yard between the street line and the building line on the side street.
E.
Signs and displays. See Town of Oneonta Sign Ordinance.[1]
[1]
Editor's Note: See Ch. 76, Signs.
F.
Garages, accessory buildings and parking areas.
(1)
Attached garages must meet setback and yard requirements listed above for principal buildings.
(2)
Detached garages, parking areas and accessory buildings must meet the front setback requirements for the principal building and must leave a minimum side yard depth of 10 feet and a minimum rear yard depth of 10 feet.
[Amended 3-9-1994 by L.L. No. 5-1994]
G.
Building height. No building shall be erected to a height in excess of 35 feet except upon approval by the Board of Appeals.
[Amended 7-12-1995 by L.L. No. 7-1995]
H.
Family. A "family," as defined in § 103-3, definition of "family," Subsection (3), may be permitted by the Board of Appeals provided that said Board finds the occupants constitute a functional family unit, which means a group of three or more individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods. In determining whether or not a group of unrelated individuals is a functional family unit under the definition set forth above, the Zoning Board of Appeals may consider, among other things, the following factors:
(1)
Whether occupants share the entire dwelling unit as contrasted with a situation where the various occupants act as separate roomers.
(2)
Whether the household has stability with respect to the purpose of the Zoning Ordinance. Evidence of such stability may include, among other things, the following:
(a)
The presence of minor, dependent children regularly residing in the household.
(b)
Enrollment of dependent children in local schools.
(c)
Proof of the sharing of expenses for rent or ownership costs, utilities and other household expense.
(d)
Whether the household has been living together as a unit for a year or more; either in the current dwelling unit or other location.
(3)
Whether the household appears to preserve and maintain the harmonious character of the residential district in which the household is located.
(4)
Whether the rooms providing living, cooking, sanitary and sleeping facilities meet the minimum dwelling space requirements of the New York State Uniform Building Code.
(5)
Whether the household is a temporary living arrangement or a framework for transient living, such as a boardinghouse, a temporary residential home or a fraternity or sorority house.
(6)
Whether adequate provision has been provided for off-street parking and related problems which are consistent with the regulations of the zoning district in which the household resides.
(7)
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.